
Class. 
Book. 






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BIENNIAL REPORT 



B«i>lle*t9 



• lMii« 



State Forest, Game and pish 
Commissioner 



STATE OF COLORADO 



For the Years 1897 and 1898 




J. S. Swan, Commissioner 



DENVER, COLORADO 

THE SMITH-BROOKS PRINTING CO., STATE PRINTERS 

1898 



BIENNIAL REPORT 



State Forest, Game and pish 
Commissioner 



^^. ^r^.r^^ With Compliments of 

STATE OF COLORADO 



i^ ^7, tyf,(Mt/t%\ 



For the Years 1897 and 1S98 




J. S. Swan, Commissioner 



DENVER, COLORADO 

THE SMITH-BROOKS PRINTING CO., STATE PRINTERS 

1898 



Sri'' 



NOV 19 1908 
D.ora 



LETTER OF TRANSMITTAL. 



Commissioner's Office. 
Depjirtmeiit of Forestry, Game and Fisli, 

Denver, Colorado, Ueoember 1, 1898. 

To His Excellency, 

ALVA ADAMS, 

Covernor of Colorado, 

Sir — In compliance witli section 8, of an act entitled 
forestr}', game and fisli, passed by the eleventh general 
assembly and approved April IG, 1897, I have the 
honor to transmit herewith a report of the trans- 
actions of this department since my incumbency 
as commissioner, from April 9, 1897, togetlun- with 
an audited account of all moneys expended for the t^^^, 
fiscal years, beginning December 1, 1896, and ending De- 
cemlier 1, 1898. Also certain recommendations. 

Respectfully subuiitted, 

J. S. SWAN, 

Commissioner. 



BIENNIAL REPORT 



State Forest, Game and Fish 
Commissioner 



FORESTRY. 

Up to the time of the meeting of the eleventh general 
assembly of Colorado, in 18D7, the subjects of game and 
fish had constituted matters for treatment under a dis- 
tinct head by our law makers, while the subject of for- 
estry had been also treated as a subject for separate leg- 
islation. This rule was departed from, however, by the 
legislature named, and during its session a bill Avas 
passed and apj^roved April 16, 181)t, embracing the three 
subjects and creating the Department of Forestry, Game 
and Fish. 

This enumerates the duties of the commissioner and 
wardens provided for therein and repeals all acts incon- 
sistent therewith. 

Sec. 9 of the act sets forth the duties and authority 
of the Commissioner in relation to the forest areas of the 
state and embraces this clause: 

''He shall have the care of all woodlands and forests 
which nmj at any time be owned or controlled by the 
state, and shall cause all such lands to be located and 
recorded in a book to be kept for that purpose." 



6 BIENNIAL REPORT 

This requirement would seem to come dangerously 
near, if it does not actually conflict with that provision 
of the Constitution of the state which directs that "The 
board of land commissioners shall have control of all 
state lands," and makes it the duty of the board "to pro- 
tect and carefuly preserve such lands in such manner 
as will secure the maximum possible amount therefor." 
This authority conferred by the Constitution, cannot be 
divested by any act of the legislature. 

However, with the single purpose in view of com- 
plying with each and every provision of the law, both in 
letter and s])irit, I applied to Mr. L. C. Paddock, register 
of the state board of land commissioners, for such infor- 
mation as would enable me to compile the record of the 
state forest lands, for my office. Mr. Paddock replied 
that that was a matter for his department alone, but 
however that might be he had no such data in his oflfice 
and would therefore be unable to furnish it to me or ad- 
vise me as to how it was to be had. No other means oc- 
curred to me for securing the record unless I required 
the paid wardens to do the work, and as there are but 
three of these in the state, and the task would have been 
no small one, I considered it more essential to the state's 
interest that they should not be diverted from the more 
urgent duty of protecting the game and fish, and forests 
as well, from the work of jiot-hunters, hide-hunters and 
despoilers generally. ' 

The combining of the subject of forestry, with the 
subjects of game and fish, gave rise to a question as to 
the constitutionality of the entire act almost immedi- 
ately upon its enactment and ap{)roval, and has proven a 
serious obstacle to the proper enforcement of the law 
throughout my entire term of office. While more than 
one prosecution in various counties had been decided ad- 
versely to the state, no attempt was made by me to take 
any of the cases to the supreme court, to test the question 
raised as to the constitutionality of the law, for the 
reason that there was a case pending at the time in the 
county court of Arapahoe countj', involving that ques- 



STATE FOREST^ GAME AND FTSH COMMISSIONER. 7 

tion which the state had Avon in the justice court and 
afterwards on appeal in the county court named. This 
case was appealed by the defense from the decision of the 
county court, and is now in the supreme court of the 
state. 

Although I have done what I could through the at- 
torney general's office to have this case advanced so that 
an early opinion may be had I am advised that the de- 
fendants are not sufficiently interested in having the 
issue involved passed upon, to join with the state in such 
a request and as in the usual course of procedure in that 
court, the defendants have until April next in which to 
file their briefs in the case, the prospects are not bright 
that the court of last resort will have passed upon the 
question before the adjournment of the twelfth general 
assembly. Assuming that such will be the case it would 
seem to be the imperative duty of the twelfth general 
assembly to pass a new law relating to the subjects of 
game and fish alone, and another relating to forestry-, and 
by the provisions of the latter act impose the duties in 
connection with its enforcement upon the Commissioner 
and Wardens of the Game and Fish Department as under 
the present law. 

This would be a simple method of having the official 
duties in connection with forestry and game performed 
without extra cost to the state, and at the same time ef- 
fectuall}' dispose of the question of constitutionality 
which has Avorked so potent for evil in the attempted en- 
forcement of the present forestry, game and fish laAV. 

Owing to the ilnusual dryness of the past season the 
regular autumn forest fires have raged in the state this 
year Avith exceptional fierceness and destructiveness. 
Vast areas of the finest timber growth in the state, par- 
ticularl}^ throughout the western and northwestern sec- 
tions, have been sacrificed to the fiery element. As I 
have no figures on which to base a reliable estimate of 
the number of acres burned over I refrain from doing so, 
but the loss Avas enormous, and a repetition of the 
calamity should be guarded against by every means at 
the disposal of the State and federal authorities. 



8 BIENNIAL REPORT 

The responsibility for tlie fii-es may be safely laid, 
for the most part, to that spirit of unthinking reckle.. 
ness and indifference in respect to game laws no les, 
than forest regulations, which seems to exist to a large 
extent among our annual camping population. 

The only remedy I can suggest is a cordial co-ope- 
ration between the state and federal forestry authorities, 
together with the enactment of laws that will provide 
adequate measures for the proper punishment of an of- 
fense that should be classed among the most serious and 
needless of crimes. 

Along with this there must be a public sentiment 
that will corapel all prosecuting officers and the courts as 
well, to do their whole duty without fear or favor. 



GAME. 

Theie is little question but that game of all kinds 
has greatly increased in Co' ido during the past two 
years. 

This fact is abundantly testified to by most per- 
sons with whom I have talked upon the subject, who 
have taken advantage of the "open" season for recrea- 
tion and the chance of sport thus presented, and coi*- 
roborated by my own personal observations made dui'- 
ing frequent visits to the game sections of the state, the 
past season. 

This, desi>ite obstacles in the way of a strict en- 
forcement of the law for the protection of game, some- 
times well nigh discouraging and at all times real and 
tangible. 

Some of these obstacles which come most readily 
to mind are: 

First — The question raised as to the constitutional- 
ity of the law. because of the subject of forestry being 
treated in the same act and as a kindred subject, with 
game and fish. 

Second — The lax enforcement of the game and fish 
laws in the past history of Colorado, making a sincere 



8TATE FOREST, GAME AND FISH COMMISSIONER. 9 

* attempt to enforce these laws against all alike, seem in 

.-vhe nature of a new departure, in a legal sense, and an 

f, attempt to abridge the rights of those who have lived 

by killing and marketing game at all seasons, and those 

(chiefly residents of the game sections) who have killed 

game at all seasons for personal and domestic use. 

Third — The disinclination of many of the district 
attorneys throughout the state, especially in the game 
districts, though by no means confined to such, to do 
their whole duty in the enforcement of a law that seems 
to lack popularity among a certain class of the voting 
population. 

The same apparent disinclination on the part of 
some judges of courts of record, no less than justices 
of the peace, especially in the game districts, but by no 
means confined to such, to hold guilty parties brought 
before them responsible for their acts as in other mis- 
demeanor cases. 

Other obstacles coii' \be pointed out but the fore- 
going are the main one^ if we include the fact that 
jurors who are themselves guilty of violations of the 
game law (as frequently happens in the game districts), 
are not inclined to convict another for a like offense. 

How these obstacles aye to be met is the question 
of the hour, and my answer to it is that they cannot 
be overcome until public opinion demands that it shall 
be so. 

The obstacles noted above apply chiefly as suggested, 
to the game sections of the state. In the cities and else- 
where far removed from the game the constitutional 
question has been the reliance of ofl'enders who have 
sought to esca]ie the enforcement of the law. 

Considering the rapid development of the movement 
for the protection of game and fish in this state within 
the past two years, the people behind that sentiment 
should find no more difficulty in finally impressing their 
ideas upon officers of the law than they have in con- 
vincing the legislature that strict game and fish laws 
are both profitable and popular. 



10 BIENNIAL REPORT 

Owing to the failure of special wardens, in many 
cases, to report prosecutions instituted by them, I am 
unable to give a complete list of all the cases brought 
during the past two years for violations of the game and 
fish laws. 

I can say this, however, that the number would 
have been much greater than it is under like provocation, 
had this department been operating under a law the con- 
stitutionality of which was not questioned. 

Because of the decisions in El Paso county declar- 
ing the act unconstitutional the law became practically 
inoperative there, so i' was thought best by me to per- 
mit some other cases, there and elsewhere, to go by de- 
fault rather than invite adverse decisions as to the con- 
stitutionality of the act, and a consequent weakening of 
the law in the public mind. 

It seems remarkable and it is said to be unusual, 
for nisi prius courts to so readily declare unconstitu- 
tional a law so essential to the public interest and so 
harmless in effect, and in favor of the constitutionality 
of which, as much at least, can be said as against it. 

Two facts seem to have been ignored or overlooked, 
first, that the act establishes a department to which is 
committed the ca're of forests, game and fish, and there- 
fore the establishment of the department is the subject 
of the act, and whatever properly relates thereto is 
within the constitutional requirement that an act must 
contain but one subject, and second, that forest pres- 
ervation is as essential to the adequate and complete 
protection of game and fish as is a close season, and 
hence strictly germane to the subject of game and fish 
protection. 

It is worthy of remark that the highest courts of 
other states, as well as the supreme court of the United 
States, have with great uniformity sustained game and 
fish laws generally even when they indirectly interfered 
with interstate commerce. 

Although the decisions by nisi prius courts could 
not be regarded by this department as changing in any 



STATE FOREST^ GAME AND FISH COMMISSIONER. 11 

manner its autlioi-ity and duty under the law, there can 
be no question that its effect has been far reaching for 
evil and its influence most detrimental to the proper en- 
forcement of the law. 

It is but just to state in this connection that many 
other district and countj^ courts and justices of the peace, 
have refused to hold unconstitutional the law, notwith- 
standing the decision of the El Paso county courts, and 
the measure of success with which my efforts have been 
attended, in the enforcement of the law% is largely the 
result of the numerous convictions secured in these 
courts. 

Notwithstanding the idea which so largely prevails 
in the game districts, and notably in Routt and Kio 
Blanco counties, where the largest herds of large game 
are to be found, that game laws were made for the city 
"dudes" and "tourists" generally and not for the ranch 
men and other residents of these counties, it must be 
said to the credit of the latter that they are to a large 
extent united in their opposition to market hunters and 
pot hunters generally. This circumstance has been of 
great advantage in stopping wholesale game slaughter 
and has made possible the increase of the game herds. 

Another rind by no means small difficulty in restrict- 
ing the killing of large game within the period and 
numbers permitted by law, is met within the annual 
raids of the TJncompahgre and Uintah Indians into 
Colorado from their reservations in eastern Utah. 

It has been the habit of these tribes for years past 
to move into the western part of the state each year, 
along in the latter part of October and extending their 
visit well through November, for the purpose of killing 
deer and elk, in such quantities as to provide themselves 
with the desired quantity of meat and hides. 

The slaughter of game by this agency in the past 
years has been very great. Just how great it is 
impossible to say, but it would probably be within 
bounds to place the number at from five hundred to 
one thousand head each season. 



12 BIENNIAL REPORT 

Having determined to make an effort to put a stop 
to these annual raids, I made a journey to Ft. Duchesne, 
Utah, early in October, 1897, accompanied by Hon. John 
Sharp, the commissioner of game and fish from that 
state. At the post we met Captain Beck, then the agent 
of both the Uncompagre and Uintah Ute Indians, to 
whom I stated that it was my desire to be given an op- 
portunity to impress upon the Indians the fact that by 
going into Colorado and killing game out of season they 
were violating the game laws of that state, and subject- 
ing themselves to arrest and prosecution. This oppor- 
tunity was afforded me on the following day, October 
13, when a council of the Indians was called by Captain 
Beck, at Ouray Agency, for that purpose. 

Through Interpreter McAndrews I explained the 
situation to the Indians as best as I could, and my re- 
marks were ably fortified by Agent Beck, who further 
explained to the council of red men the probable con- 
sequences of further violations of the Colorado game 
laws. 

Some of the younger bucks did not seem to take 
kindly to the idea that they were to be deprived of their 
annual raids, but the older men and chiefs seemed in- 
clined to listen to the advice as to the inevitable. On 
leaving Duchesne Captain Beck promised me that he 
would do what he could to keej) the Indians from 
again going into Colorado to hunt, and that if they did 
make their appearance despite his efforts, he would be 
only too glad to send troops to return them to their res- 
ervations, on receiving notice of the fact. 

Soon after my return to Colorado I learned that the 
Indians were again in both Routt and Rio Blanco coun- 
ties killing game; the band in the former county being 
Uintahs and those in the latter being of the tribe of Un- 
compagre or White river Utes. I at once notified Gen- 
eral Otis, commander of the department of the Colorado, 
of the presence of the Indians in western Colorado kill- 
ing game. Troops were dispatched by his order, and 
with the valuable assistance of Sheriff Wilber, then the 



STATE FOREST, GAME AND PISH COMMISSIONER. 13 

sheriff of Rio Blanco county, who has an extensive ac- 
quaintance among these Indians, and a considerable 
knowledge of their language, together with Warden J. 
T. McLean, who accompanied him, the Indians were 
moved out of the state and back onto their reservation 
without serious trouble or the spilling of any blood. 

It was noted that the Indians had but few deer or 
deer hides on their ponies as they hurried back to their 
homes. The greater number of the ponies that had been 
brought along to carry away the game departed with 
empty packs. 

The work of expelling the Uintahs from Routt 
county, was not, unfortunately, attended with such 
happy results. Learning that a considerable number 
of these Indians were in camp in the hills near Lily 
park, and that their purpose there was to lay in the 
usual winter's supply of meat and hides, Warden W. R. 
Wilcox advised me of the fact and asked for instruc- 
tions. My reply was to the effect that I had just re- 
turned from Ft. Duchesne and Ouray agency, where 
I had been for the purpose of warning the Indians that 
they would not be permitted to continue their hunting- 
excursions into Colorado, and the Indians being thus 
advised he should take what assistance he could get in 
his county and proceed to the Indians' camp and induce 
them to leave promptly or make some arrests. I also 
warned him to exercise extreme patience and forbear- 
ance in dealing with the Indians. I have no reason to 
doubt that Wilcox followed these instructions so far as 
he was able to do so. On October 24, Wilcox, accom- 
panied by ten special wardens, went to the camp of the 
Indians and after an unsuccessful effort to induce them 
to leave the state in peace, an attempt was made to ar- 
rest some of them and take them to the county seat for 
trial, on the charge of having violated the game laws 
of the state. The result of the attempt is now a matter 
of state history. In a fight which followed, two bucks 
were killed outright and two squaws wounded, one seri- 
ously. Both of the latter are reported to have finally 



14 BIENNIAL REPORT 

recovered. Shortly following the fight, troops arrived 
from Duchnese and the Indians were taken back to their 
reservation. 

In an investigation into the action of the wardens, 
which followed by a commission appointed by you for 
that purpose, composed of Judge D. C. Beaman, of Den- 
ver; Hon. C. E. Noble, of Colorado Springs, and Judge 
Joshua Waldridge, of Routt county, the wardens were 
exonerated of all blame and the killing of the Indians 
was declared to be unavoidable and brought about by 
their own action. A similar report was made by E. B. 
Rej^nolds, a special agent sent by the commissioner of 
Indian affairs, to investigate the matter. 

The commission called attention to the negligence 
of the federal authorities in permitting the Indians to 
leave their reservations in Utah and go into Colorado 
to violate the laws of that state and to harass and dis- 
turb the settlers and their families. 

Again, the present year, these Indians from both 
reservations have returned to their old haunts in Colo- 
rado on their old mission of game slaughter. In addi- 
tion to that oifense it is known that the Indians do not 
hesitate to kill range cattle. This involves personal loss 
to the settlv:'rs; but for them to attempt to resent it, 
would more than likely put them and their families at 
the mercy of the savage instinct for revenge. On ap- 
plication to General Sumner, commander of the military 
department of the Colorado, troops were dispatched, 
the latter part of October last, and the party of Un- 
compagres found camped near Rangely, Rio Blanco 
county, were returned to their reservation. The In- 
dians were forced to leave before securing any consid- 
erable amount of game, but the government authorities 
are entitled to small credit on that account, as they have 
never been known to take measures to keep the Indians 
upon the reservations in advance of complaints of their 
presence elsewhere, intimidating settlers and destroy- 
ing property. 

About the middle of the past month it was again 



STATE FOREST^ GAME AND FISH COMMISSIONER. 15 

reported that a numerous band of the Uintah tribe 
was in Routt county, in the vicinity of their old haunts, 
near Lily Park. The military authorities were again 
notified and it was expected that in the course of time 
the Indians would again be removed but not before they 
had time to kill a large number of deer and as many 
of the white man's cattle as their desires might prompt. 

The failure of the authorities to see to it that the 
Indians are not permitted to leave their reservations 
at any time, except for some legitimate purpose and by 
permit, indicates that some one is responsible for the 
unlawful raids into Colorado. 

Under the present policy the Indians secure b}^ re- 
peated excursions what they formerly got on one trip, 
and the- difference is not greatly to the advantage of 
game protection. 

It would seem that the people of the state, and es- 
pecially those of western Colorado, are entitled to de- 
mand, once and for all, that these annual Indian raids 
cease, and if the federal authorities continue to ignore 
that demand the responsibility of what is almost sure 
to follow ipust be upon their heads. 

If it again becomes necessary for the settlers to 
take the matter into their own hands in removing these 
Indians from the state, they will probably prove equal 
to the emergency, and it is likely to be done in a way 
that will prove a lasting lesson to the Indians. 

The protected large game of Colorado is composed 
principally of elk, deer, antelope and mountain sheep. 

There are yet a few buffaloes in the state, but their 
number is so small that little is known of them, and to 
many it will be a surprise to learn that even a single 
specimen of this noble game which once roamed the 
parks of Colorado in large herds, is still to be found in 
the state. 

The principal range of the most numerous species 
of game, protected and otherwise, is to be found through- 
out that part of the state principally lying west of the 
main range dividing the Atlantic from the Pacific slope. 



16 BIENNIAL REPORT 

The great natural parks, consisting of extensive plateaus 
and basins hemmed in by high mountains, afford a very 
favorable range and shelter for all kinds of game, 
especially the varieties named above. 

The most highly prized game that falls victim to the 
rifle of the hunter in this state, if we except the grizzly 
bear, is the elk (Wapiti), which is still to be found in 
considerable numbers. At present this fine game is 
protected all the year round, and there can be no doubt 
that the result of such protection is a material increase 
in the elk herds within the past two years. The range 
of these animals extends from Routt county, in the north- 
west part of the state, to Saguache county and even 
southward in the southwestern part of the state. 

I believe these animals are sufficiently numerous to 
justify a change in the game laws by the next assembly, 
providing for a short open season during which they 
may be killed. No doubt the knowledge that elk may 
be killed in Colorado for a season, no matter how brief, 
would result in again attracting a large and desirable 
class of sportsmen each year to Colorado, who are now 
compelled to go elsewhere, if they would inolude an elk 
head in their string of trophies of the season's hunt. 

The most numerous variety of large game to be 
found in Colorado is the mule-deer. Its range is through- 
out the entire western part of the state, and in the 
mountains and foothills, in less numbers in the eastern 
part. 

It is claimed that the deer occupying the south- 
western part of the state, is the Virginia deer, a species 
distinct from the mule-deer. Concerning this claim I 
know nothing, of my own personal knowledge. 

Antelope perhaps come next to deer in point of 
numbers, of the large game of the state. They are still 
to be found in numerous and considerable bands in all 
the great parks and on the plains extending eastward 
from the mountains. 

Thanks to the law which has been in force for some 
years forbidding the killing of mountain sheep at any 



STATP: FOREST;, GAME AND FISH COMMISSIONER. IT 

season, that highly prized species of game has undoubt- 
edly increased in a satisfactory manner. 

In speaking of the slow increase of these animals 
under most favorable conditions, I have heard it asserted 
that the greatest obstacle to their more rapid increase, 
is due to the destruction of many young lambs by that 
noble bird, the great American eagle. As both the 
mountain sheep and the eagle show a preference for the 
high and rocky places it is quite probable that the close 
association results to the disadvantage of the sheep. It 
has been suggested for that reason that a bounty should 
be placed on eagles. 

Though at one time there was a bounty paid for 
bear scalps in this state, there was never a time when 
they might not be legally slain, but it has recently been 
suggested to me that bruin should be afforded a season 
of protection along with other prized game of Colorado. 

I am not prepared to state that such a provision in 
the law is necessary to prevent the extinction of that 
gamey species of game that is generally reputed to be 
able to ijrotect itself, but it is true that the bear is 
growing in favor as a most desirable quarry by a large 
class of sportsmen, and there is a strong feeling of 
protest against destroying them in any but a sportsman- 
like manner. The opinion that the bear is highly destruc- 
tive to domestic stock is now held by but few person^^ 
competent to judge, and always lacked credible testi- 
mony to support the charge. 

The grizzly, or silver tip bear, is plentiful in western 
Colorado, and the same may be said of the brown and 
black bear. 

It would perhaps be little better than guess work 
to attempt to give the number of the different varieties 
of large game now in the state, but I am tempted to 
offer some figures on the subject, nevertheless. 

Mr. Frank S. Wells, of Marvine Lodge, in Rio 
Blanco county, an old resident of that section and a 
guide and hunter of experience, gives it as his opinion 



18 BIENNIAL REPORT 

that in the counties of Rio Blanco and Routt last sea- 
son, there were as many as four thousand to five thou- 
sand elk; at least eighty thousand deer; from ten thou- 
sand to fifteen thousand antelope, and that game of all 
kinds has increased since then. These figures are given 
for what they are worth, but they are believed to be 
fairly reliable, coming from one whose experience en- 
titles his opinion in the matter to be regarded with 
respect. Assuming that his estimate is correct, there 
should be in round numbers not less than seven thou- 
sand elk, one hundred thousand deer and twenty-five 
thousand antelope in the state, and according to my 
judgment there are fully as many mountain sheep as 
elk. This would seem to be a pretty fair stock, and 
even with game protection no more successful than it 
has been the case during the past two years, the yearly 
increase in the future should equal the number killed. 
As it is the rule for does to bear twins, and the excep- 
tion to have a single fawn, it can be estimated w hat 
the increase amounts to, counting but half of the deer 
to be females, when, as a matter of fact (because only 
males can be legally killed at any season), the does 
greatly predominate. With these figures in sight the 
problem of preserving the game in Colorado for many 
years to come is still a hopeful one, notwithstanding the 
work of both red and white violators of the law. The 
one, protected, if not encouraged in his wrong doing by, 
the government; the other, supported by a wrong public 
sentiment which will, in time, be brought to a realizing 
sense of its best interest. 

As there are no registered guides in Colorado and 
no license requirement for hunting, there is no means 
of ascertaining with any exactness the number of big 
game annually killed in the state nor the profit accruing 
to the state on account of tourists attracted here by 
reason of the inducements offered in the way of hunt- 
ing and fishing. I will, however, set forth briefly, the 
experience of another community where every facility 
for the protection of game is afforded, and where the 



STATE FOREST^ GAME AND FISH COMMISSIONER. 19 

conclusion is drawn that such protection is a highly 
profitable investment to the state. 

I refer to the state of Maine, I will quote from the 
''Keport of the Commissioners of Inland Fisheries and 
Game" of that state, for the year of 1897. 

The report, as the title would indicate, relates to 
both fish and game, but I will quote here principally 
those paragraphs referring wholly to game. I quote: 

''Never before in the history of the state have in- 
land fish and game interests been so much discussed in 
the public press and by our citizens as during the year 
just closed." 

''There are several reasons why this has been so. 
One is that our people are coming more and more to 
understand the pecuniary benefits to be derived by re- 
stocking our lakes and ponds with land-locked salmon 
* and trout aud having suitable laws well enforced for 
the protection for the inland fish and game." 

"Another reason is the guide law. so called, enacted 
by the last legislature." 

"The laws for the protection of fish and game have 
ever been found to be notoriously diflScult of thorough 
enforcement, and those charged with this duty have 
never escaped severe criticism." 

The concluding paragraph will strike a responsive 
chord in the breast of all those who have had aught to 
do with prosecuting violations of the game and fish laws 
in Colorado. There is evidently a free masonry of action 
among those who protest against the enforcement of 
these laws that is not confined to the boundaries of any 
state. 

The report of the Maine commissioners shows that 
under the guide law, one thousand three hundred and 
sixteen (1,316) guides are registered, and that for one 
season's guiding their compensation amounted to 
1155,754, or three dollars per day for each guide for the 
time employed by him during the open season. 

The report fixes the amount received by the taxi- 



20 BIENNIAL REPORT 

derdmists of Maine, for mounting large game, birds and 
fish at fifty thousand dollars for one season. 

The number of residents guided during one season 
was 3,384, and of non-i*esidents, 7,123. 

The total number of moose (which nearly corre- 
sponds in importance and size to our elk) reported killed 
in one season was 250; total number of caribo'u, 239; 
total number of deer, 8,947; total number of bears, 160; 
making a grand total of large game killed in one season 
of 9,596. 

This is a great record for a state containing a total 
area of less than one-third of that of Colorado and an- 
swers emphatically and affirmatively^ the question often 
asked in Colorado: "Can game protection laws be made 
to protect and preserve the game?" 

Now as to the important question of revenue to be 
derived by the state from game protection. 

The report of the Maine commissioners shows that 
during one season, non-residents who employed regis- 
tered guides, expended in that state at least two millions 
of dollars, and that residents while engaged in hunting 
and fishing, expended at least |150,000 more. 

This latter is regarded as a distinct gain to the state, 
for by reason of the game protection these citizens were 
induced to spend this money at home instead of being 
compelled to go elsewhere. 

It seems to me that this showing should convince the 
most skeptical that strict game laws strictly enforced, is 
good policy for any state, such as Colorado, naturally 
abounding in game, and that liberal appropriations by 
our legislatures for such purpose will prove investments 
that will repay the outlay many fold. 

The registered and licensed guide system having 
been found to work so advantageously in Maine, there is 
no reason to suppose it would not prove equally as satis- 
factory in Colorado. The system would give the guides 
standing and protection, and at the same time put them 
upon their responsibility as being jointly required with 
wardens to permit no illegal killing of game and to at 



STATE FOREST;, GAME AND FISH COMMISSIONER. 21 

once arrest and prosecute any one detected in violating 
the laws. 

The provision in our present law for the appoint- 
ment by the Commissioner at his pleasure, of special 
wardens without pay, and the one giving sheriffs of 
counties and constables the same power as wardens and 
requiring them to enforce the law in the same manner 
are not effective in protecting the game to any great ex- 
tent. It is impossible to discriminate properly among 
the numerous applicants for appointment as special war- 
dens, many of such appointees having used such author- 
ity for anything but a good purpose, and there is no ef- 
fective means of withdrawing such appointment once it 
has been issued. It is the exception, too, to find a sheriff" 
or constable, as such, who is at all zealous in the en- 
forcement of the game and fish laws, though I am glad 
to testify to the fact that there are notable exceptions, 
and many good sportsmen and staunch supporters of the 
game law give, without pay, valuable service to the state 
as special wardens. 

The number of such wardens in the state holding 
appointments from me is not much short of two hundred. 

The appropriation for the pay of the three wardens 
who are on salary, and for one-half the pay and expenses 
of the Commissioner of this department, together with 
an appropriation of one hundred dollars for printing the 
laws in pamphlet form for free distribution, which is all 
that can be properly charged against game protection, 
amounts to three thousand eight hundred dollars per 
annum. 

My judgment is that the number of pay wardens 
should be increased to at least six, so as to better cover 
the game districts of the state, and provision should also 
be made for the appointment and pay of additional war- 
dens to serve when required. Usually for three or four 
months immediately before, during and following the 
close of the open season. 

All the additional expense thus created, and proba- 
bly much more, could be secured without cost to the state 



22 BIENNIAL RErORT 

by means of a bunting- license and otber licenses to be 
issued in connection with fish ponds and game preserves. 

I might add here that the limiting of the number 
and quantity of game and fish which one person may kill 
in a day, meets with considerable opposition from some 
of those whose superior skill and opportunities enable 
them to indulge in what may be justly termed unreason- 
able and exterminating slaughter. This opposition is 
based on the fact that ducks are migrator^', but public 
sentiment, in mj judgment, is overwhelmingij' in favor 
of a limit regardless of the migratory character of the 
game. The wild pigeons were migratory and once ex- 
isted in the Mississippi valley in countless millions, and 
yet they have disappeared. Other states have already 
enacted limiting laws, and it is altogether likely that 
such laws will be generally adopted within the next two 
years. 

Although there is yet opjjosition to the existence and 
enforcement of all game laws, there has been a remarka- 
ble change of public sentiment in their favor all over the 
country, including Colorado, within the last few years. 
An objection often urged is that game laws are not 
obeyed, cannot be perfectly enforced, and hence should 
not be enacted. 

The fact is that no laws are either obeyed or per- 
fectly enforced. The game laws are to-day as well 
obeyed and enforced throughout the state as the laws 
against gambling, illegal liquor selling and many others. 

If all the laws enacted were o|)eyeiL,jjv«. would need 
no criminal courts, wherens^the y nre (^o.n.^.tnntly engaged 
in more or less fruitless efforts to. --efiioit'ee- obedience 
to law. ,^-.« ».«, 

This objection comes from people who either are op- 
posed to law in general, or are thougtit4esS'"(Tr misin- 
formed. 

Its logical result would be the repeal of all laws, and 
it therefore deserves no consideration whatever. 

To attempt to exjjlain in detail what legislation I 
would recommend would require more space than I feel 



STATE FOREST, GAME AND FISH COMMISSIONER. 23 

is necessary to devote to it in this report, especially so 
in view of the fact that some of the leading sportsmen of 
the state, and those interested in the passage of salutary 
game and fish laws, will prepare and consider a bill for 
introduction into the legislature. This should insure its 
prompt passage without attempt at amendment, which 
too often results in making a defective law of what was 
.•a measure of much merit upou its introduction as a bill. 



FISH. 

There is no appropriation made by each succeeding 
legislature, not excepting that for the protection of 
game, that pays better on the investment, both in coin 
and in general public approval, than that made for the 
maintenance of the several state fish hatcheries. 

My experience has taught me, during my occupancy 
of this office, that a great majority of people of all 
classes of the state, not only fully commend what is done 
by each legislature in providing funds for the propaga- 
tion and distribution of trout fry into the many fine trout 
streams of the state, but the same public opinion would 
approve of considerably greater appropriations for the 
same purpose. 

The only condition that I desire to add to this state- 
ment is that the money so appropriated shall be hon- 
estly expended, agreeable to the purposes of the appro- 
priations, and the result to be what should reasonably 
be anticipated from a given expenditure with the hatch- 
eries under the control of an energetic and competent 
management. 

The state has at the present time three hatcheries 
in operation. The appropriations made by the eleventh 
general assembly were for the maintenance of these 
three. They are located as follows: One on the 
Brighton road and near the Platte river, nine miles dis- 
tant from Denver, commonly called the ''Denver Hatch- 
ery;" one near the Gunnison river, and adjoining the 



24 BIENNIAL REPORT 

town site of Gunnison on the west, linown as the "Gun- 
nison Hatchery ;" and the third one located near the Las 
Animas river, twelve miles from Durango, and com- 
monly called the "Lsi Plata Hatchery." 

For the better understanding of yourself and the 
members of the legislature, I hope to incorporate with 
this report, in its printed form, views of the buildings, 
grounds and surroundings of these hatcheries. s 

The state has some troughs and a little other per- 
sonal property in a log building at the abandoned hatch- 
ery at Twin Lakes. The commissioner should be given 
legislative authoritj' to sell this property at the best 
price obtainable before it is permitted to 16se its entire 
value from non-use, and to cover the money so derived^ 
into the state treasury. 

The state also owns a hatchery site in Douglas 
county, of about thirty acres, for w^hich the state paid 
three hundred dollars some time in 1893, and three hun- 
dred dollars additional is said to have been spent upon 
it in the way of improving the land. As a demand for 
an additional hatchery, so located, is not apparent, I 
would recommend the disposal of the land at the best 
price obtainable exceeding or equaling the cost of the 
tract to the state. 

The work of the several hatcheries under my ad- 
ministration has been very satisfactory to me and I have 
confidence to believe a full inquiry into the methods 
employed and success attained at these hatcheries in 
the propagation and distribution of trout fry the past 
two seasons, will meet with your commendation and the 
approval of the general public. 

This success is in part due to the efforts and co- 
operation with me, of Mr. E. F. Campbell, the state su- 
perintendent of hatcheries, together with the intelligent 
and conscientious work accomplished by each of the as- 
sistant superintendents in charge of the several hatch- 
eries. 

The names of these assistant superintendents, to- 
gether with a complete statement of the improvements 



STATE FOREST^ GAME AND FISH COMMISSIONER. 25 

made and young fish hatched at each hatchery the past 
two seasons, appear elsewhere in this report. 

As a result of the restocking of the clear streams 
of the state, most of such streams are now well supplied 
with trout, and Colorado in consequence has lost noth- 
ing of its reputation as being the country of beautiful 
streams from which the expert with the rod, line and 
fly is always rewarded with a good string of the ''speck- 
led beauties." 

The only streams that might be noted as excep- 
tions are the beautiful White and Bear rivers, in Rio 
Blanco and Routt counties, and some of the tributaries 
to the head waters of the Grand river. iVll of these 
streams have been, if they are not to-day, the finest fish- 
ing streams in the state, but constant fishing has de- 
pleted them to a large extent, and, owing to their dis- 
tance from railroads and the difQculty in successfully 
transporting fry to replenish them, they have been prac- 
tically neglected in the annual distributions of fry from 
the state hatcheries. A shipment of fry which was 
fairly successful, from the Denver hatchery, to each of 
the White and Bear rivers, and another to Grand lake, 
made last Ispring, were to the best of my knowledge, the 
first stocking of those waters by the state; or at least 
the first stocking of the two first named. 

It is my judgment that these waters should not be 
neglected in future, but should be liberally restocked 
each season, and in order to do so successfully a hatch- 
ery should be established at some central location in 
Northwestern Qolorado, most convenient to all the 
waters named, or perhaps it should be located with ref- 
erence to the White and Bear rivers only. 

Such a location would come more nearly meeting 
the needs of additional hatchery facilities than any 
other I can suggest. In selecting a location I consider 
it to be of prime importance to keep in sight the ques- 
tion of successful distribution of the product, and on. 
that score the section named can put forth a strong 
claim for a hatchery. 



26 BIENNIAL REPORT 

The product of the Denver hatchery might be in- 
creased many fold and yet be insufficient to fully meet 
the demands made upon it by the trout streams of 
merit, which may be fairly considered as being within 
its exclusive territory. The onl}^ question considered 
when speaking of ''territory" of this hatchery, or an- 
other, relates to the time necessarily consumed in 
putting the young fish into the streams from the 
hatcheries. Economy of time is very important in con- 
nection with the most successful planting of fry. 

Considering the number of campers who annually 
camp along and whip the waters of the Platte river and 
its tributaries, it is not too much to say that all of the 
product of the Denver hatchery since its establishment, 
could have been placed in such streams to good advan- 
tage; but, instead, this product has been also made to 
supply the upper Rio Grande del Norte river and trib- 
utaries, the head waters of the Eagle river and all of 
the many streams flowing therein throughout its length, 
and other streams and lakes of eastern and western Col- 
orado, more successfully stocked from this hatchery 
than any other. 

The upper Gunnison river and the many fine trout 
streams that contribute to swell its volume, both below 
and above the town of Gunnison, can easily absorb ajl 
the trout hatched at the Gunnison hatchery, even 
though its yearly product in future may be increased 
several fold. But, in addition to these waters, the 
streams flowing into the Uncompagre river, many of 
which are good trout streams, must depend upon this 
hatchery for fry. 

There are many fine streams in southwestern Colo- 
rado and in the center of that section, the La Plata 
hatchery is located. Its capacity is not as great as 
either of the other hatcheries and its entire product 
is yearly distributed to good advantage into the Rio 
Las Animas, the upper Dolores river and tributaries, 
and the Rio de los Pinos, the Rio Piedra and the Rio 
San Juan. All of these are among the finest trout 
streams in the state. 



STATE FOREST, GAME AND FISH COMMISSIONER. 27 

In 1113^ judgment all of the hatcheries are admir- 
ably situated with reference to their contiguity to the 
streams which they are designed to restock, and if any 
thing is wanting in the future, as to the Gunnison and 
La Plata hatcheries, it will be new locations in the 
same territory with reference to securing better water 
supply as to the former, and a greater supply as to the 
latter. 

The trout with which the lakes and streams of Colo- 
rado are principally stocked are the native or black 
spotted mountain trout (Salmo mykiss), the eastern 
brook trout (Salvelinus fontinalis), and the Rainbow or 
California trout (Salmo irideus). There are other varie- 
ties of trout in some of the lakes and streams, but they 
are few in number and the ones named are by far the 
principal varieties in point of numbers. 

The state hatcheries, during the past two seasons, 
have propagated and distributed the rainbows and east- 
ern brooks only, though it would be my policy another 
season, should the appropriations justify it, to arrange 
for securing the ova and making a hatching of the na- 
tives at both the Denver and La Plata hatcheries, fol- 
lowing the distribution of the rainbow fry. This could 
not be done at Gunnison, because of the altitude and the 
fact that the rainbows and natives spawn at too 
nearly the same time there, and the former cannot be 
hatched and distributed in time to make room in the 
troughs for the eggs of the latter. 

The conditions as to altitude, etc., make it possible 
to accomplish this at the other two hatcheries. 

During my term of office the water supply has been 
increased and improved at all of the hatcheries. In that 
part of the report relating to the "Denver Hatchery" I 
shall recommend the purchase of an additional piece of 
land for that hatchery on account of the large number 
of springs thereon and the great additional amount of 
water to be thereby obtained. 

In addition to the consideration of the subject by 
the legislature of how to hatch and distribute the great- 



28 BIENNIAL REPORT 

est number of fry into the waters of the state at the least 
expense, it will also be well to further consider the mat- 
ter of the protection of the fish after they have been 
put into the streams. 

While there always has beeu, and always will be, a 
certain amount of illegal fishing done with hook and line, 
the amount of fish so taken is comparatively inconse- 
quential, and if the fish laws of the state continue to be 
rigidly enforced the practice will grow less and less. 

The arch enemy of the fish streams and greatest ob- 
stacle to the work of keeping them stocked, is the dyna- 
miter. This method of taking fish is so generally ab- 
horred and condemned that the comparatively few who 
practice it do their work with the greatest stealth, select- 
ing secluded and isolated places for their operations. 
For this reason, the evidences of the dynamiter's work is 
usually only disclosed by the presence of dead and man- 
gled fish of all sizes, floating down stream, yet it is prac- 
tically impossible to fix the crime on the perpetrator of 
the outrage or catch him in the act. 

The effect of the dynamite is to kill all fish, big and 
little, indiscriminately, within reach of its force, and to 
maim and bruise many others that must afterwards die. 

I have perhaps received more complaints of this 
nature than of all other offenses combined, but I fail to 
remember one instance in which the complainant was 
willing to be identified with a prosecution of the kind 
himself, nor could or would furnish the name of one wit- 
ness whose testimony would offer the chance of a con- 
viction. 

The remedy that suggests itself to me is that dyna- 
miting public streams or lakes be made a felony and that 
a reward be paid out of the game and fish fund, be given 
the person or persons furnishing testimony which re- 
sults in a conviction for the offense. 

There is a wide divergence of opinion between the 
champions of the several varieties of trout propagated 
by the state and turned into the streams, but I believe 
the consensus of opinion to be that each variety has its 



STATE FOREST^ GAME AND FISH COMMISSIONER. 29 

strong points and a variety that will thrive and increase 
in one stream will not do so well in another. Thus while 
the native mountain trout and the eastern brook trout 
seem better adapted to the colder waters of the higher 
streams and lakes, the rainbow trout will seek the larger 
streams and waters of a much higher temperature lower 
down. 

The rainbow trout has made the great reputation en- 
joyed by the Gunnison river as being one of the finest 
fishing streams in the state, and the demand there is that 
no other variety of fry be placed in its waters. 

Again, other sections call for other varieties for the 
restocking of other streams. 

My experience and information leads me to believe 
that one great advantage on the side of the rainbow and 
eastern brook trout is the fact of their seeming greater 
vitality and hardiness. I am satisfied that the rate of 
loss both with ova and fry in the hatchery and in the dis- 
tribution of the fry is not so great as with the native 
trout. 

If I mistake not this is also the opinion held by E. 
A. Tulian, Esq., superintendent of the United States fish 
hatchery near Leadville, this state. 

One of the greatest sources of destruction of fish in 
the streams is that resulting from the pollution of the 
waters by mill operations. 

Our existing law on that subject, which is found in 
section 36, of the forestry, game and fish law of the state, 
follows : 

"It shall be unlawful to empty or cause or suffer to 
be emptied or dispersed, any saw-dust or other destruc- 
tive substance into any of the waters of this state con- 
taining food fish, or in any such place or within such dis- 
tance as to cause to be carried into such waters by nat- 
ural causes." 

This section has presented a very difficult problem 
to this department in the matter of its enforcement. 

On the one hand we have arrayed the interests that 
champion the cause of clear streams in behalf of fishing 



30 BIENNIAL REPORT 

and the claims of the domestic users, and on the other 
hand the mining and milling interests, representing the 
paramount industry of Colorado. 

So far as the law relates to pollution by saw-dust, 
the requirement is not a hard one, as saw-dust may be 
destroyed by burning or controlled by other means, and 
I have not hesitated to prosecute without discrimina- 
tion all offenses of this nature where the necessary evi- 
dence of guilt was forthcoming. 

Short!}' following my assumption of the oflQce of 
Commissioner at the head of this department, I caused 
to be issued, along with other circulars concerning 
game, — all of which will be found elsewhere in this 
report, — a circular entitled "Fish" addressed "To whom 
it may concern," but particularly directed in reply to 
numerous communications received at this office asking 
for an interpretation of the section of the law now under 
consideration. 

The circular explains itself. 

Following the issuance of this circular, I visited sev- 
eral of the prominent concentrating and stamp mills, 
whose operations were resulting in the discoloration in 
some instances, and the actual pollution in other cases, 
of the waters in the streams on which the mills were 
located. 

In each instance in which I or any representative 
of this department have visited the owners or operators 
of any of these mills, for the purpose of devising a means 
of impounding the tailings proceeding from the crushed 
ore, and thereby XJi'eventing the further pollution of the 
streams, we were uniformly met with courtesy and 
offered every facility for ascertaining the situation. 

The mill men declared their willingness to do all 
that was possible consistent with reasonable expendi- 
tures, to impound the tailings, but in each instance were 
able to demonstrate that such work could not afford 
more than temporary relief, for the reason that the mills 
were necessarily located in narrow gulches or canons, 
and it was impossible to find a sufficient tract of level 



HTATE FOllEST, GAME AND FISH COMMISSIONER. 31 

ground within reasonable distance on which settling 
ponds might be constructed. 

Considering the extreme importance of the mining 
interests to Colorado, I have not considered myself justi- 
fied, in view of the foregoing explanation, in instituting 
wholesale prosecutions against mill operations for j)ol- 
luting the waters of certain of the fish streams of the 
state. 

The same reason I have given for refraining from 
prosecuting the mill men applies to the operations of 
the placers with equal if not greater force, on account 
of the greater volume of water employed. 

It seems to me that the time must come, if indeed 
it be not already here, when certain streams of the 
state must be given over to the mining industry of the 
state for all time so far as the state's fish interests are 
concerned, and other fish streams, of which there are 
many, whose location will save them from such destruc- 
tion, will needs be stocked and guarded with increasing 
care. 

This doubtless is a subject which calls for the early 
consideration of the law-making body of the state, and 
I trust that the twelfth general assembly will find time 
to enact a law, in place of the one now on our statutes, 
more clearly setting forth the duties of this department 
in the matter of polluted streams and providing a means 
by friendly civil proceeding perhaps, of determining 
what streams belong to the mining industry and which 
are to be saved for the trout. 

By courtesy of Hon. John Sharp, the state fish and 
game warden of Utah, I was enabled in November, 1897, 
to secure from Utah lake, near Provo, five thousand two 
hundred yearlings, large mouth or Oswego black bass. 
These fish were placed in the Grand and Gunnison 
rivers at several points between Glenwood Springs and 
Grand Junction in the first named river and between 
Delta and Grand Junction in the last named. 

The successful manner in which this fine fish has 
been introduced into the lakes and streams of Utah leads 



32 BIENNIAL REPORT 

me to hope and believe that they will find themselves 
equally at home in Colorado. 

The belief in some minds that these fish will ascend 
the streams and prove destructive to the trout, I do not 
regard as being well founded. The large mouth black 
bass, as distinguished from the small mouth, seeks lower 
waters and of a higher temperature than does the trout, 
and I have been reliably informed of instances in Utah 
where the cold streams emptying into the lakes, teem 
with trout, while the lakes are alive with bass, yet 
neither fish to any great extent follows into the territory 
of the other. 

An additional lot of these bass, both yearlings and 
spawners, two years old and passed, numbering two 
thousand of the former and four hundred and fifty of 
the latter, were secured for the state, by Mr. R. D. Haney, 
from some of the lakes near Denver, and i)laced part in 
the Grand river at the mouth of the Eagle and below, 
and part in the Las Animas river at Durango. 

I have made several efforts to secure a stock of the 
yellow channel cat-fish with the intention of placing 
them in the larger streams of western Colorado, but so 
far without success. I still hope that this purpose will 
be accomplished at some time in the future. 

This variety of cat is extremely palatable and would, 
doubtless, flourish and attain a good growth in the 
streams mentioned. All varieties of cat-fish are, I be- 
lieve, found in the lower waters of the streams flowing 
eastward from Colorado. 

I have frequently heard it asserted, though I do not 
vouch for the accuracy of the statement, that cat-fish 
are not native to any of the waters w^est of the Conti- 
nental divide. 

However, my eiforts to stock the western streams 
with cat-fish have not been wholly fruitless. During the 
month of November just passed, I succeeded in closing 
a contract for a number of mud-cat spawners and also 
a number of blue channel cat spawners. These mud-cat 
are of the large kind that attain several pounds in weight 



STATE FOREST, GAME AND FISH COMMISSIONER. 33 

under favorable conditions. These are to be placed in 
the Grand and Gunnison rivers. 

In leaving the subject of fish, I do so with a sense 
of having but poorly performed my task, but, before 
concluding, I desire to acknowledge my obligations on 
behalf of the state, for the many courtesies received from 
most of the railroads and express companies in con- 
nection with transportation furnished officials of this 
department and in transporting the young fish to the 
streams throughout the state without charge. 

Without desiring or seeming in the least particular 
to dictate to the appointing power, permit me a few 
words on a subject which may not be regarded by some 
as being properly a part of this report. I want to state, 
as my judgment, that the best results to the state from 
the operations of this department, can only be secured 
by the inauguration of a policy controlling appointments 
therein, based upon merit and fitness alone. 

The work of the department for the most part, as all 
must recognize, is such as requires special knowledge 
and experience in order to insure the greatest success 
attainable in its operations. 

The hearty cooperation of all citizens in its work 
is also essential if the objects sought to be accomplished 
are to be realized at their full. To that end there should 
be no consideration of politics in connection with this 
department of all others, and it should be in no wise 
threatened or disturbed solely on account of party 
supremacy in the state. 

Those best qualified to give the best service to the 
state should be assured of retention while satisfactory 
service continues. 

Such a rule would prove an inducement to the con- 
stant and continued acquirement of knowledge on a sub- 
ject that under other conditions an official or employee, 
by the grace of political influence alone, might deem it 
a waste of time and mental energy to gain. 

The government hatchery in this state, as are those 
elsewhere, is conducted under civil service rules, and it 



34 BIENNIAL REPORT 

will be geueially admitted that the annual work done 
at that establishment is a credit to the government and 
to the competent superintendent in charge, E. A. Tuliau, 
Esq. 

If this system of tenure of office in connection with 
fish propagation has proven profitable to the govern- 
ment, why should it not prove equally so to Colorado? 



CHANGES IN LAWS RECOMMENDED. 

Following are some of the changes and additions 
that occur to me, which should be made in the existing 
forestry, game and fish laws of the state: 

A new law should be enacted relating to the sub- 
jects of game and fish alone. This action would dis- 
pose of all questions that have been raised as to the 
constitutionality of the existing act on those subjects. 

A new law should be enacted relating to the sub- 
ject of forestry. The duties in connection with this de- 
partment could be placed upon the commissioner and 
wardens of the game and fish department without ad- 
ditional cost to the state. 

The salary of the Commissioner should be increased 
from twelve hundred dollars per annum to at least 
eighteen hundred dollars. The heads of all other de- 
partments are jjaid a sum much greater than this, even, 
and I do not know of a department the duties of which 
are more onerous and exacting, if properl}' discharged, 
nor more important to the state. 

The provision in the law relating to trap shooting 
by regularly organized clubs, at pigeons, should be cut 
out for the reason, in my opinion, that it is doubtful if 
such a provision has any proper and legal place in a 
game law. 

Under the existing law, there is a provision for the 
appointment of special w^ardens, but no means are pro- 
vided for carrying into effect the revocation of such ap- 
pointments if such action is thought to be desirable. 



STATE FOREST^ GAME AND FISH COMMISSIONER. 35 

Those who have abused the use of such appointments 
during my administration, have failed to return the 
written appointment on demand by me. 

There is a considerable demand that the limit of 
twenty birds per day be taken otf ducks and geese, for 
the reason that these birds are migratory, and that not 
many other states thus protect them. It might be well 
to raise the limit in number to be in possession of one 
person at any time, to say fifty birds. 

There is a provision in the existing law for the "es- 
tablishment" of parks "for breeding, domesticating and 
raising of elk, antelope, deer or mountain sheep," but no 
provision is made whereby such animals may be secured 
for the stocking of such parks. A very material omis- 
sion it would seem. Provision should be made reme- 
dying this defect in the law which would at the same 
time settle the question of ownership of all such ani- 
mals now held in such parks which were secured prior 
to and since the passage of the existing act, on the 
subject. 

The provision in the existing law making it "un- 
lawful to use any dog or dogs for the purpose of run- 
ning or coursing mountain sheep, deer, antelope or elk,'' 
is not stringent enough. It should be made lawful 
for any person to kill any dog found coursing such 
game, and subject its owner, if found, to prosecution 
and fine. 

There should be a short open season, say of two 
weeks, on horned elk. I believe their numbers will 
justify it and permission to kill this much prized game, 
even for a short season, will attract many persons and 
much money here that now annually goes to other 
states. 

The section relating to and forbidding the pollu- 
tion of fish streams should be amplified and made more 
specific as to the duty of the Commissioner and wardens 
in relation to all conditions of pollution that have arisen 
and may arise. 

There should be a provision forbidding the removal 



36 BIENNIAL REPORT 

of evidence of sex from the hide of any elk, deer or an- 
telope while the carcass is being transported or in pos- 
session of any person who may be legally entitled to 
possess the same. 

It has been suggested that for the state to offer 
a bounty on Bald and Golden eagles would be the 
means of saving many fawns and lambs of mountain 
sheep. 

The Commissioner should be given greater author- 
ity in the matter of granting certificates to any member 
of any society of natural history or certain other per- 
sons, to kill or take out of season, any of the game pro- 
tected by the act. Such authority should be made a 
source of revenue to the game fund. 

No person should be permitted to kill to exceed 
one each, in one season, of the various kinds of large 
game permitted to be killed. 

There should be a provision for a shooting license 
at reasonable cost, with which should be issued cou- 
pons, one each for each kind of large game permitted to 
be killed and one each for the heads and hides thereof, 
to be attached to any such carcass, head or hide. The 
absence of such coupon from the carcass, head or hide 
of any of such animals thereafter taken, to be prima 
facie evidence of the illegal possession thereof. 

Provision should be made for additional revenue to 
the game and fish fund from licenses to be issued to the 
owners of private lakes and fish ponds, whereby the 
owner of such lake or pond would bet given authority 
and protection of the law in marketing his product. 

Provision should be made for the couponing or tag- 
ging of all heads, hides and scalps found in stock or 
held by taxidermists and glove makers. To regulate 
the business of taxidermists has been one of the great- 
est difficulties I have met with. Often under pretense 
of long ownership of an ''old lot of scalps and hides," 
such dealers are able to defeat the law in continually get- 
ting new stock to replace the old. Under the coupon 
system the possession, of any hide or scalp without a 



STATE FOREST^ GAME AND FISH COMMISSIONER. 37 

coupon attached would make it subject to seizure and 
would be prima facie evidence of unlawful possession. 

The killing of any buffalo should be made a penal 
offense, with a proper reward to any one furnishing evi- 
dence on which a conviction is secured. 

It has been suggested to me that there shoud be 
a close season for bears, but just when and for how long 
such season could be fixed to the best advantage I am 
not prepared to state. 



THE DENVER HATCHERY. 

E. L. HAGER, ASSISTANT SUPERINTENDENT. 

This hatchery is situated upon a tract of land con- 
taining little less than twelve acres, near the Platte 
river, nine miles distant from Denver. The site was pre- 
sented to the state in 1880, by Waddingham and Daniels 
on condition that when it ceases to be used for fish 
hatchery purposes title shall revert to doners. It is 
stated that at the time the tract was secured a larger 
acreage could have been had on the same terms, or at 
least for a small money consideration. If this is true it 
was a short-sighted policy that it was not done. The 
land adjoining, which should be secured by the state to 
permit a proper increase of hatching facilities at this 
plant, either by long term lease or by purchase, is now 
the sole property of Mr. John Daniels, and its value has 
very materially increased since the plant was estab- 
lished. I am not at the present moment prepared to say 
what an additional tract of eight or ten acres of this land 
would cost the state, either by lease or purchase, but Mr. 
Daniels has stated that he would only ask a reasonable 
price. I would urgently recommend that authority be 
granted b}^ the legislature to secure this additional tract, 
or the water issuing from the springs thereon, on some 
terms, as the need of the use and control of all of this 



38 BIENNIAL REPORT 

water is absolutel^y essential to the proper and possible 
increase of the fry product. 

Under my predecessor, Mr. Gordon Land, there ex- 
isted a contract between the state and Mr, Daniels, for 
the use of this water at a rental price of twenty dollars 
per month. This contract or lease did not extend be- 
yond the term of office of my predecessor, and I did not 
feel justified in renewing it on those terms. Doubtless 
on a long- term lease, say for twenty years, much better 
conditions could be secured, and, too, on a short term 
lease running but two years, the state would not be justi- 
fied in going to the expense of making necessary im- 
provements in ditching and tiling, in order to secure the 
full use of the water to be obtained by such means. 

It is my opinion that the land wanted can be had at 
such price as will justify the state, on the ground of 
economy, to purchase it outright. 

The temperature of the water at this hatchery the 
year round, is fifty-four to fifty-six degrees Fahrenheit, 
making it most favorable for the quick hatching of the 
ova and the successful development of the alevin and fry. 

Only a small per cent, of the 1897 appropriation for 
this hatchery, amounting to twenty-nine hundred dol- 
lars, can be properly charged to the account of fry pro- 
duction. Nine hundred dollars of the amount represents 
the salary of the superintendent in charge and about 
forty per cent, of the balance went to paj' for the per- 
manent improvements that will stand for many years to 
come. Some of these improvements are: The painting 
of the outside of every building on the premises, includ- 
ing the roofs, (excepting the residence part of the hatch- 
ery, which was painted) ; none of these buildings had ever 
been in contact with paint before; the entire re-shingling 
of the hatchery, which had probably not been shingled 
since its construction, and which leaked like a sieve; the 
construction of a rearing house, twenty by fifty-two feet, 
together with twenty-six troughs, sixteen feet by twelve 
inches in dimensions. A water supply was also built for 
this house, consisting of an underground flow through 



STATE FOREST;, GAME AND FISH COMMISSIONER. 39 

tiling, brought from springs on the premises, two hun- 
dred and fifty-two feet in length. In the hatching house 
are twenty troughs of the same dimensions as those men- 
tioned above. Some of these are old, and have only been 
continued in use by much patching. New troughs to re- 
place some of these will need to be provided soon. 

All of the above mentioned improvements were 
made in 1897, after my assumption of the office of Com- 
missioner and under the direction of Sui3erintendent 
Hager. 

In addition, the largest pond on the premises was 
constructed. 

In the way of personal property a new delivery 
wagon, that is a credit to the state, a new set of double 
harness, and an additional horse, have been purchased. 

The rearing house was built to serve the purpose of 
another building of about the same dimensions, which 
had been constructed and maintained by the state, on 
the premises of Mr. J. M. Broadwell, near by, for the 
purpose of securing the use of the water to be had there 
at an annual rental of one hundred and twenty-five dol- 
lars. I cut off this expense by develojjing sufficient ad- 
ditional water on the state's property with which to sup- 
ply the troughs in the new rearing house. Under the 
terms of the contract made with Mr. feroadwell by my 
predecessor, he was permitted to hold possession of the 
old building and the troughs therein. 

The fry distributed from this hatchery in 1897 were 
those that were turned over to me by my predecessor in 
April of that year. Their number, including both rain- 
bows and eastern brooks, was two hundred and seventy- 
three thousand, besides two thousand kept in the hatch- 
ery ponds. 

The eggs taken by us from the eastern brook trout 
in November and December, 1897, mostly in the former 
month, numbered one hundred and twenty-five thousand. 
The rainbows begin spawning here early in December 
and continue for three or four months. Five hundred 
and seventy-five thousand eggs were taken from these 



40 BIENNIAL REPORT 

trout in 1897-8. From these eastern brook and rainbow 
ova, six hundred and twenty-seven thousand fry were 
hatched and distributed the past season. 

There are now in the ponds on the hatchery prem-ises 
in the neighborhood of one thousand eastern brook 
spawners, two years old and upward, and four thousand 
of the rainbows all in fine, healthy condition. 

With this stock of spawners and given an additional 
supply of good water, and some additional troughs, I can 
see no reason why the product from these fish for 1899 
should not be increased by fifty per cent. 

With the addition of an increased water supply it 
will also be possible to secure and hatch ova which may 
be procured from some of the lakes from native trout, 
and if this is done fifteen hundred thousand fry will not 
be an excessive estimate of the product of this hatchery 
for 1899. 

In concluding these remarks in relation to this 
hatchery I want to commend the services to the state of 
Mr. E. L, Hager, the assistant superintendent in charge, 
and also those of his willing aide, Mr. C. Dowdell. Mr. 
Hager is a man of unusual force of character, and he has 
taken a pride in Jiis work there that could not have been 
greater had he owned the establishment. The very com- 
mendable condition as to the buildings, grounds, and 
ponds and fish therein, vindicates the application and 
worth of his intelligent energy. 

During the sitting of the legislature will be a time 
when this hatchery can be seen at the most interesting 
period of its operations. The spawning and hatching 
process will be progressing during most of that period, 
and the eyed ova, and the alevins can be seen in the 
troughs. A visit at such a time by the men who must 
decide upon appropriations to be made to maintain this 
important institution of the state, will give them a 
clearer idea of what has been done and the needs of the 
future, than the most careful reading of any report I 
could make on the subject. 



STATE FOREST^ GAME AND FISH COMMISSIONER. 41 

THE GUNNISON HATCHERY. 

H. S. CROOKS, ASSISTANT SUPERINTENDtJNT. 

The location of this hatchery is near the Gunnison 
river, on leased lots in an addition to the town of Guni- 
nison, adjoining it on the west. 

The water supply is from an underflow secured by 
means of underground piping to the hatchery from wells 
sunk at no great, distance from the river, and from an 
overflow from the city waterworks. 

The suj^ply from the wells is the best for use in the 
hatchery, though at times it has been insuflicient and 
at such times it has been necessary to add a quantity of 
the river water. 

The temperature of this water, as used in the hatch- 
ery troughs, is thirty-eight to fifty degrees Fahrenheit. 
On account of this low temperature the process of hatch- 
ing the ova is usually slow, often requiring nearly twice 
the time consumed at either of the other hatcheries. 

At the time I took charge of the department in 
April, 1897, this hatchery was perhaps in the worst con- 
dition of any of the hatcheries. 

There were one hundred and fift^'-four thousand fry 
in the troughs, but as these had been reared on shares, 
the state got but one half of them, and these seventy- 
seven thousand were the sum total of the distribution 
from this hatchery in 1897. 

By actual count the only spawners on hand in the 
ponds at this time were two hundred and thirty-four 
eastern brook trout and fifty-six rainbows. With this 
small number of rainbows it was impossible to secure 
enough ova to make a hatching, and efforts to obtain ova 
from other sources failed. 

At this time the hatch house was an unpainted ram- 
shackle old store building twenty by sixty feet in dimen- 
sions, with a glass front and with roof and sides that 
leaked rain and atmosphere in excessive quantities. 

In this condition, the building was really unfit for 



42 BIENNIAL KEPOirr 

winter hatching-, and it has been told me as a fact that 
the water had been Icnown to freeze solid in the troughs 
containing the ova. 

During the summer of 1897 I ordered the recon- 
struction of the hatchery building and other needed re- 
pairs and improvements on the premises. The hatchery 
building was reshingled, reboarded outside and lined 
inside throughout with matched lumber. The glass front 
was removed and replaced with a tight board front con- 
taining a single door and moderate sized windows. Sev- 
eral living rooms were set off in the front part of the 
building for the use of the superintendent. In addition 
to these repairs an addition tw^elve feet wide running its 
entire length was constructed on the east side of the 
building and the entire structure including the roof was 
painted. 

The hatchery, in its old condition, contained sixteen 
troughs. We have added fourteen to this number in the 
reconstructed building. These troughs are twelve and 
thirteen feet in length by twelve inches in width. 

As the Gunnison hatchery now^ stands, it is about 
the most complete, commodious and substantial of any 
owned by the state. 

Another improvement made here last year was the 
constructing of a work and store house. The building 
is frame, fourteen by sixteen feet, shingle roof, and 
painted. 

Other improvements made the same year were the 
construction of 1,425 additional feet of underground 
fluming and i)iping to increase the water supply for the 
hatchery and ponds, and the building of several ponds. 

One thousand feet of the underground piping of 
galvanized iron, which furnishes about one half the sup- 
ply of water to the hatchery, has now been constructed 
seven years, and its rotted and rusted condition is in- 
jurious to the water. Another danger is that it may 
collapse at any time and shut off the w^ater supply to 
the hatchery. Another season must not be allowed to 
pass until this pipe line is enlarged and renewed. The 



STATE FOREST^ GAME AND FISH COMMISSIONER. 43 

cost of the work will probably be five hundred to seven 
hundred dollars. 

The product of fry at this hatchery the present sea- 
son was three hundred and eighty thousand, of which 
three hundred thousand were eastern brooks and bal- 
ance rainbows. The product would have been much 
greater if it had been possible to secure as many rain- 
bow ova as was secured of the eastern brooks. 

Of the eastern brooks we now have a nice lot of 
spawners in the ponds and the ova now being taken 
from these will probably amount to all we can handle 
in the troughs and will insure a large increase in pro- 
duction of fry next season. 

I am informed by Mr. .Crooks, that he has recently 
succeeded in catching several hundred rainbow spawn- 
ers from the river and hopes to be able to get enough of 
them in the ponds to insure the taking of enough eggs 
to fill the troughs at the proper time. 

With the existing facilities at this hatchery, to- 
gether with an appropriation sufficient to buy ova, if 
enough cannot be obtained from the spawners in the 
ponds, it is safe to say that the number of fry that can 
be hatched and reared another season will easily double 
the product of 1898. 

Mr. H. S. Crooks, the assistant superintendent at 
this hatchery, has labored hard and faithfully to put the 
plant in its present creditable condition, and under all 
the circumstances no hatchery in the state has made a 
better showing. His conduct of the affairs under his 
immediate charge has been most satisfactory to me and 
apparently to his neighbors in Gunnison City, and I am 
confident in asserting that the people of the state have 
had full value received for what has been paid Mr. 
Crooks for his services. 



44 BIENNIAL REPORT 

THE LA PLATA HATCHERY. 

W. E. PATRICK, ASSISTANT SUPERINTENDENT. 

This hatchery is situated in the valley of the Las 
Animas river, twelve miles from Durango, and two 
miles from Hermosa station on the Silverton branch of 
the Denver and Kio Grande railroad. 

The hatchery premises consists of a tract of three 
and fifty-two hundredths acres. So far as I have been 
able to learn, title in the tract is vested in the county 
of La Plata, with provisional title in the state, to the 
effect that it shall continue to be the property of the 
state so long as it is used for fish hatchery purposes. 

The frame hatchery building, which is thirtj^-six by 
forty-six feet in dimensions, is in excellent repair and 
was the best building of the kind owned by the state at 
the time of my taking charge in April, 1897. There are 
fourteen troughs fourteen feet in length and fourteen 
and sixteen inches in width. 

Only part of the building is now used for hatching 
purposes. Part of it is occupied as living quarters for 
the assistant superintendent and his family, and part 
of the space is not occupied at all except to store coal, 
fry-delivery cans and other articles. • 

The number of troughs can be doubled without 
disturbing the family quarters as now arranged. 

There is a barn on the premises large enough to 
house a horse and wagon, and a hay loft above. 

In 1897 I caused to be erected an ice house of 
plain lumber and shingled roof, fourteen by twenty feet 
in dimensions, and also had the premises inclosed with 
a tight wire fence. 

There is an underground flume, six by eight inches, 
1,200 feet in length, conveying an underground flow of 
water to the hatchery troughs. The supply from this 
source had been diminishing until I had the line ex- 
tended somewhat, and upon investigation the flume 
was found to have grown almost full with the roots 
of willows. Since the removal of this obstruction the 



STATE FOREST^ GAME AND FISH COMMISSIONER. 45 

supply of good hatcbiug water would be sufficieut for 
twice tlie i)resent uumber of trougbs. 

Tbe water for tbe pouds on tbe premises is supplied 
from a brook formed from a number of springs near by. 

In 1897 tbe fry reared and distributed from tbis 
batcbery numbered eigbty-nine tbousand. 

Tbe present season, under tbe successful manage- 
ment of Assistant Superintendent W. E. Patrick, tbe 
number was tbree bundred and fifty tbousand, ninety 
tbousand of wbicb were rainbows and tbe balance east- 
ern brooks. 

Anotber season watb additional trougbs in tbe 
batcbery and given sufficient appropriation to bandle 
a hatching of native spawn, following tbe distribution 
of tbe other fry, there is no reason why tbe record of the 
La Plata hatchery should not exceed that of 1898 by 
more than double the production. 

The water here is most excellent for hatching the 
ova, and the spawners in tbe ponds are strong and 
healthy. 

Tbe citizens of Durango and throughout that sec- 
tion of the state take great pride and interest in the 
work of this hatchery, and are always ready to contrib- 
ute in every way to its success. 

The limit of its possible development under good 
management can only, be reckoned by the amount of 
money appropriated yearly for its use. 

Under the competent management of Superintend- 
ent Patrick the hatchery had made a record the past 
season second to none in the state. 

In achieving this success he has had the hearty 
good-will and coopei'ation of all the public spirited cit- 
izens of Durango and vicinity. 

Before closing tbis record I can not afford to omit 
mention of the work of private individuals in assisting 
the state, at their own personal expense, in restocking 
the streams of southwestern Colorado. I refer to the 
operations of the Emerald Lake hatchery, owned by Mr. 
W. T. Kirkpatrick and associates. In 1896 the lake 



46 BIENNIAL REPORT 

was located under the reservoir act and the water in 
the lake was raised. A hatchery was established which 
has now been in operation three years and its product 
placed in the lake each year until the present season, 
when the four hundred thousand fry produced were 
placed one-half in the lake and one-half in the Rio de 
los Pinos. 

Such work as this on the part of Mr. Kirkpatric-k 
and his associates reveals a public spirit worthy of gen- 
eral recosrnition. 



STATE FOREST^ GAME AND FISH COMMISSIONER. 47 



ESTIMATE 

OP APPROPRIATIONS REQUIRED FOR MAINTENANCE OP 
GAME AND FISH DEPARTMENT. 



What For 

Commissioner's salary ._ 

Commissioner's traveling expenses 

Stenographer's salary 

Superintendent of hatcheries' salary 

Superintendent of hatcheries' traveling expenses 

Six chief game wardens' salaries ($900 each) 

Six chief game wardens' traveling expenses ($300 each).. 

Distribution X)f fry from hatcheries _ 

Biennial report 

Publishing laws for two years 

Totals 

DENVER HATCHERY. 

Assistant superintendent's salary 

One employee's salary 

Improvements, ice house, ova maintenance, etc 

Additional grounds, six to teu acres (estimated) 

Totals 

GUNNISON HATCHERY. 

Assistant superintendent's salary 

One employee's salary 

Improvements, ova, maintenance, etc 

Totals 



1 


1,800 


00 


$ 


1,800 00 




600 


00 




600 00 




780 


00 




780 (0 




1,200 


00 




1,200 00 




400 


00 




400 00 




5.400 


00 




5,400 00 




1,800 


00 




1.800 00 




800 


00 




800 00 
300 00 




300 


00 








$ 


13.080 


00 


$ 


13,080 00 



$ 1,200 00 

600 00 

2 000 00 

1,000 00 



$ 4,800 00 



1,200 00 

600 00 

1,200 00 



$ 3.000 00 



$ 900 00 
600 00 



$ 2,700 00 



$ 900 00 
600 00 
600 00 



$ 2,100 00 



48 



BIENNIAL REPORT 



ESTIMATE— Concluded. 
LA PLATA HATCHERY. 



What For 


1899 


1900 


Assistant superintendent's salary __ 

One employee's salary 

Improvements, ova, maintenance, etc 


1 900 00 
600 00 

1,200 CO 


$ 900 00 
600 00 
600 00 


Totals . 


$ 2,700 00 


$ 2, 100 00 







TROUT FRY DISTRIBUTION, 
DENVER HATCHERY. 



BOULDER COUNTY. 
Disposition 

:reek. South Boulder creek 
S'orth St. Vraiu creek. Sou 

CLEAR CREEK COUNTY. 

Upper Clear creek 

Bear creek, Upper Clear creek 

CONEJOS COUNTY. 
Goose creek 

CHAFFEE COUNTY. 



Year 


Disposition 


Number 


1897 
1898 


Middle Boulder creek. South Boulder creek 

Boulder creek, North St. Vraiu creek. South St 
creek . 


Vrain 


15,000 
49,000 







15,000 
39,000 



IS97 


Cottonveood lake 


10,000 


1898 


Cottonwood lake 


20,000 



STATE FOREST, GAME AND PISH COMMISSIONER. 49 

TROUT FRY DISTmBUTION, 
DENVER HATCHERY— Continued. 



EL PASO COUNTY. 



Year 


Disposition 


Number 


1897 
1898 


Little Fountain creek, Cascade creek, Bearcreek/Manitou 
creek. Monument creek 

Big Fountain creek, Little Fountain creek 


32,000 
27,000 



EAGLE COUNTY. 



1897 



Homestake creek. Grouse creek, Gore creek. Lake creek, 
Turkey creek. Upper Kagle river. Lower Eagle river. 

Cross creek. Two Elk creek, Gore creek. Lake creek. 
Gypsum creek, Brush creek, Eagle river 



24,000 
71,000 



GARFIELD COUNTY. 



1897 



North Canon creek, Grizzly creek. No Name creek. Rifle 
creek. Big Elk creek. Little Elk creek. Battlement creek 

Sweetwater lake. East Rifle creek, Middle Rifle creek. No 
Name creek, North Canon creek.E'k creek, Grizzly creek 



75,000 



HINSDALE COUNTY. 



Lake San Cristobal, Upper CeboUa creek 



6,000 



JEFFERSON COUNTY. 



Platte river, Elk creek 

Platte river, Elk creek, Bear creek. 



14,000 
56,000 



LARIMER COUNTY. 



1897 



Big Thompson river and branches 

Big Thompson river, Casch La Poudre river 



20,000 
67,000 



50 



BIENNIAL REPORT 



TROUT FRY DISTRIBUTION, 
DENVER HATCHERY— Continued. 



1897 



LAKE COUNTY. 



Year 


Disposition 


Number 


1898 


Lake Fork . _ 




25,000 








LAS ANIMAS COUNTY. 



Purgatory river . 
Purgatory river . 



10,000 
20,000 



MINERAL COUNTY. 



1897 Rio Grande river. 



MESA COUNTY. 



1897 



Grand Mesa lake, Cottonwood lake. Rapid creek. 



PITKIN COUNTY. 



1S97 



Hunter creek, Maroon creek, Castle creek. Frying Pan 
river, Crystal river 

Maroon creek. Hunter creek, south branch of Roaring 
Fork creek. Frying Pan river, Crystal river 



35.000 
37,000 



PARK COUNTY. 



1897 

189S 



Platte river, Craig creek 

Platte river. Deer creek. Goose creek. 



12,000 
73,000 



ROUTT COUNTY. 



STATE FOREST^ GAME AND FISH COMMISSIONER. 51 

TROUT FRY DISTRIBUTION, 
DENVER HATCHERY— Concluded. 



RIO BLANCO COUNTY. 



White river 



SUMMIT COUNTY. 



1897 



Upper Blue river, tributaries of Ten-Mile river 
Upper Blue river 



11,000 
15,000 



SAGUACHE COUNTY. 


1897 


Chicago lake, Kerber creek _ . . 


6,000 








YUMA COUNTY. 


1898 


Branch Republican river, near Wray 


3,000 



TROUT FRY DISTRIBUTION, 
GUNNISON HATCHERY. 



CUSTER COUNTY. 



Year 


Disposition 


Number 


1898 


Streams near Silver Cliff . . 








CHAFFEE COUNTY. 


1898 


Goose creek 


20,000 



52 



BIENNIAL REPORT 



TROUT FRY DISTRIBUTION, 

GUNNISON HATCHERY— Continued. 



GUNNISON COUNTY. 



Year 


Disposition 


Number 


1897 


East river, Cochetopa creek, Tomichi river, Quartz creek. 
Powder Horu creek, Cebolla creek, Erwin lake, .Slate 
river 


59,000 
175,000 


1898 


Sand creek. Blue creek, Quartz creek, Cochetopa creek. 
Hot Springs creek, Tomichi liver, Crystal river, Box 
Alder creek, St. Cloud creek, Ohio creek, Gunnibon 
river ... 









GARFIELD COUNTY. 



Branches of Roan creek 



HINSDALE COUNTY. 



Lake San Cristobal 



LAKE COUNTY. 



1898 


Arkansas river in Tennessee park and Crane's park 


25,000 


MESA COUNTY. 


1898 


Big creek, Leon creek. Grand Mesa lake 


20,000 








MINERAL COUNTY. 


1898 


Rio Grande river, near Wagon Wheel gap 


20,000 


MONTROSE COUNTY. 


1897 


Cimarron creek 


12,000 









STATE FOREST, GAME AND FISH COMMISSIONER. 53 



TROUT FRY DISTRIBUTION, 
GUNNISON HATCHERY— Concluded, 



RIO GRANDE COUNTY. 



Year 


Disposition 


Number 


1898 


Rio Grande river, near Wagon Wheel gap _. 


25,000 


OUR VY COUNTY. 


1897 


Dallas creek . 


6,000 








SAGUACHE COUNTY. 


1898 


Saguache creek, San Louis creek, Kerber creek, North 
crestoue 


40,coo 









TROUT FRY DISTRIBUTION, 
LA PLATA HATCHERY. 

ARCHULETA COUNTY. 

Disposition 

Juan river. 

avajo river, Chania river. 

CONEJOS COUNTY. 
Conejos river . . 

DOLORES COUNTY. 

Dolores river 

Dolores river _._ 



Year 


Disposition 


Number 


1897 


Piedra river, San Juan river. 


21,000 


189S 


San Juan river, Navajo river, Chania river . 


47,000 





11,000 
56.000 



54 



BIENNIAL REPORT 



TROUT FRY DISTRIBUTION, 
LA PLATA HATCHERY— Concluded. 



LA PLATA COUNTY. 

Disposition 

Hermosa creek, Junction 
;tta creek, Florida river, Cs 
reek 

ne river, Vallicetta river, Ju 

MONTEZUMA COUNTY. 

Mancos river 

Mancos river 

SAN JUAN COUNTY. 
Needle creek 



Year 


Disposition 


Number 


1S97 
1S98 


Liglitner creek, Hermosa creek. Junction creek. Pine 
river, Vallicetta creek, Florida river. Cascade creek, 
Limestone creek 

Florida river. Pine river, Vallicetta river. Junction creek. 
Bear creek . 


50,000 
197,000 







3,000 

30,000 



1897 



STATE FOREST^ GAME AND FISH COMMISSIONER. 55 



STATE FISH HATCHERY— ACCOUNT. 



DENVER. 



By appropriation for fiscal year 1897 

appropriation for fiscal year 1S9S 

To E. Daniels, water rent 

C. T. Shelton, hay, grain and fuel 

E. L. Hager, superintendent, supplies 

C. Dowdell, assistant 

Wm. Eisenbaugh, labor.. ._ 

McPhee & McGinnity, lumber, cement, etc 

Denver Sewer Pipe & Clay Co . 

Braid &Brayton, horseshoeing 

J. M. Broadwell, water rent for 1896 

Kroeger Packing Co., fish feed 

J. M. Wilson, hatchery wagon 

B. Sutherland, carpenter work and labor... 

Colorado Telephone Co 

The Standard M. & S. S. Co 

Roberts Livery Co 

R. G. Osbom 

Frank Stevens, labor. 

F. J. Cooke, labor. .' 

S. W. Weigand, labor 

John Lee. labor 

A. C. Hunt, surveying 

P. H. Fitzpatrick, labor 

W. B. Lloyd, labor 

Flint & Lomax, zinc, hacksaw blades 

T. P. Maloney, horseshoeing 

Hajrwood Arms Co., fish netting, seine 

Miscellaneous expenditures 



Totals . 







$ 


2,000 00 






1,200 00 


$ 


207 72 






395 61 








187 90 








905 00 








95 00 








307 24 








117 36 








44 75 








125 00 








165 00 








142 25 








60 00 








60 00 








45 57 








45 00 








18 CD 








33 00 








20 00 








27 30 








12 00 








26 00 








13 25 








44 35 








27 60 








13 33 








6 70 








55 07 






$ 


3,200 00 


1 


3,200 00 



56 



BIENNIAL REPORT 



STATE FISH HATCHERY— ACCOUNT. 



GUNNISON. 



By appropriation for fiscal year 1897 

• appropriation for fiscal year 1898 




% 2,000 00 




1,200 00 


To H. S. Crooks, superintendent, supplies, teaming, 
fish feed, etc 

S. L. Lane, assistant 

S. J. Miller, labor 

H. M. McDill 

Haywood Arms Co., revolvers and supplies 

Parks & Co., lumber, doors, etc 

Gunnison Hardvyare Co., supplies 

Geo. D. Bird, constructing water main 

J. G. Crooks, assistant 

Myron C. Newell, bass fiugerlings. 


1 807 77 
84 50 
230 00 

3 10 

16 40 

538 47 

251 75 

236 67 

400 00 

172 05 

28 20 

40 So 

107 50 

132 95 

86 84 




B. F. Marlin, labor 

Littleton Creamery Co., cans 




R. D. Haney, bass spawners _ 

McPhee & McGinnity, lumber, etc 

Cat-fish spawners, R. D. Haney 




Totals 


$ 3,200 00 


$ 3,200 00 



STATE FISH HATCHEBY— ACCOUNT. 



LA PLATA. 



By appropriation for fiscal year 1897 

appropriation for fiscal year 1898 .. , . 




$ 600 00 
600 00 


To Howard Hill, superintendent, supplies 

Jackson Hardware Co., wagon _.. 

W. E. Patrick, superintendent, supplies 

C. J. Swan, assistant 

R. D. Haney, bass spawners for La Plata river ._. 
Balance ... .. 


% 264 69 
85 00 
555 72 
187 25 
75 00 
32 34 








Totals 


$ 1,200 00 


% 1,200 00 



STATE FOREST^ GAME AND FISH COMMISSIONER. 57 



SUPERINTENDENT PISH HATCHERY— DENVER. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897, 
appropriation for fiscal year 1898. 

To W. S. Kincaid 

E. L. Hager .._ 



Totals 



345 00 
1,455 00 



I 900 00 
goo 00 



I 1,800 00 



SUPERINTENDENT FISH HATCHERY— GUNNISON. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897 




1 900 00 
900 00 


appropriation for fiscal year 1898 ._. 




To H. S. Crooks 

Balance 


1 1.387 50 
412 50 






Totals 


1 1,800 00 


$ 1,800 00 



SUPERINTENDENT FISH HATCHERY— LA PLATA. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897, 




$ 900 00 


appropriation for fiscal year 1898 




To Howard Hill . 

W. E. Patrick 


$ 600 00 
1,200 00 




Totals 


1 1,800 00 









FOREST, GAME AND FISH COMMISSIONER. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897 . . 




f 1,200 00 


appropriation for fiscal year 1898 . 






To Gordon t,and . 


$ 422 85 
I.977 15 




J. S. Swan .. 








Totals ., 


$ 2,400 00 


$ 2,400 CO 



58 



BIENNIAL RBPOllT 



FOREST, GAME AND FISH COMMISSIONEB. 

TRAVELING EXPENSES. 



By appropriation for fiscal year 1897 _ 

appropriation for fiscal year, 1898 .. . .. 




$ 500 00 




500 00 


To Gordon Land .._ 

A. R. Gerard ._ 

J. S. Swan 


J 25 75 

15 00 
959 25 




Totals 


$ 1,000 00 y 


$ 1,000 CO 







SUPERINTENDENT OF STATE HATCHERIES. 

SALARY. 



By appropriation for fiscal year 1S97 
appropriation for fiscal year 1898 

To H. M. McDill 

E. F. Campbell 

Total 



$ 416 65 
1.583 35 



$ 2.000 00 



$ 1,000 00 
1,000 00 



$ 2,000 00 



SUPERINTENDENT OF STATE HATCHERIES. 

TRAVELING EXPENSES. 



By appropriation for fiscal year 1897 




$ 


400 00 


appropriation for fiscal vear 1898 . . . 




400 00 


ToH.M. McDill 


$ 


5 00 
794 00 ' 




E. F. Campbell 




Totals . 


$ 


800 00 


$ 


800 00 







STATE FOREST^ GAME AND FISH COMMISSIONER. 59 



FOREST, GAME AND FISH— CLERK AND 
STENOGRAPHER. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897 . 
appropriation for fiscal year 1898. 

To Miss Pogue 

Miss Altimes 

Miss Tweedale 

Gertrude A. Schuyler 

Eleanor Draper 

Annie E. Metcalf 

Esther P. Stephenson 

Totals 





_ 


$ 


600 00 




600 00 


1 


180 00 






25 00 








133 33 








332 90 








206 83 








141 94 








180 00 






1 


1,200 00 


$ 


1,200 00 



FOREST, GAME AND FISH— WARDENS. 

SALARY ACCOUNT. 



By appropriation for fiscal year 1897. 
appropriation for fiscal year 1898 
*overdraft 

ToC. H. Withington 

J. T. McLean 

M. R. Lovell 

Ed. Slaughter 

R. E. Goodell, Jr 

W. R. Wilcox 

F. S. Smith.. __ 

W. H. Clark 

Thomas KilduflF.. 

James I.yttle 

J. H. Walzl 



Totals . 








f 2,700 00 




2,700 00 




281 67 


$ 


420 CO 

i,ii5 67 
187 50 
450 00 
637 50 

1,240 00 
420 00 
420 00 
302 50 

337 50 
150 00 




$ 


5.681 67 


$ 5.681 67 



*This overdraft i-^ cr^ ated by the action of my predecessor, Gordon Land, in 
drawing salary vouchers in payment of the wardens at $100 per month, from 
December i, 1806, to April 8, i8y7. as provided by the old law, instead of $75 per 
month as provided by the present law. 



60 



BIENNIAL REPORT 



FOREST, GAME AND FISH— WARDENS. 

EXPENSE ACCOUNT. 



By appropriation for fiscal year 1897.. 
appropriation for fiscal year 189S 

To balance. __ 

C. H. Withington 

W. H. Clark 

J. T. McLean 

W. R. Wilcox 

Thomas Kilduff 

James Lyttle... 

R. E. Goodell, Jr _._. 

M. R. Lovell _.. 

Ed. Slaughter 

J. H. Walzl 



Totals . 



2 35 

II go 

57 55 

463 10 

525 00 

46 50 
218 85 
211 94 

65 00 
150 00 

47 81 



goo 00 
900 00 



$ 1,800 00 



DISTRIBUTION OF FRY— ACCOUNT. 



By appropriation for 1897. 
appropriation for 1898. 

To M. J. Wilson 

A. Zulger 

E. Slaughter 

C. Dowdell ___ _ 

P. H. Fitzpatrick 

P. R. Morris 

R. D. Hanly 

S. L. Lane 

S. M. Miller 

Geo. O. Blake 

Balance ._ 

Totals 



134 20 
42 00 

211 50 
40 00 
66 75 

7 CO 

44 00 

88 60 

346 30 

2 00 

17 65 



f 500 00 
500 00 



$ i.oco 00 



STATE FOREST,, GAME AND FISH COMMISSIONER. 61 



PUBLISHING GAME LAWS— ACCOUNT. 



Bj' appropriation for fiscal years 1897-8 




$ 100 oc 


To Smith-Brooks Printing Co _ __ 

Smith Brooks Printing Co 

Smith-Brooks Printing Co 


1 33 25 
12 75 
54 00 




Totals 


$ 100 00 


$ 100 00 





BIENNIAL REPORT— ACCOUNT. 



By appropriation for fiscal years 1897-8 
To A. S. Carter & Co., photo supplies.. 

Hicks, photos 

Smith-Brooks Printing Co._ 

Balance 



Totals. 




CIRCULARS 

Issued by the 

Department of Forestry, Qame 
AND Fish. 



CIRCULARS 



ISSUED BY THE 



Department of Forestry, Game 
AND Fish. 

Circular No. 1— Game and Fish. 



STATE OF COLORADO. 

DEPARTMENT OF FORESTRY, GAME AND 
FISH. 

Denver, May 3, 1897. 
To whom it may concern: 

The forestry, game and fish kiw enacted by the last 
general assembly is now in force. 

By the act all wild game, animals and birds therein 
mentioned, and the fish in the public waters, are declared 
to be the jjroperty of the state, and the taking, killing, or 
having the same in possession, except as therein pro- 
vided, is prohibited. 

The open seasons are as follows: 

Wild turkeys, prairie chickens, grouse and sage 
chickens, August 15 to November 1. Doves, August 1 
to October 1. 

Ducks, geese, brants, swans and other water fowl, 
September 1 to May 1. Deer and antelopes with horns 



66 BIENNIAL REPORT 

(for food and immediate use only). September 1 to Oc- 
tober 15. Trout and other food fish (over six inches 
long), June 1 to December 1. 

One deer or antelope, twenty birds (doves excepted) 
and twenty i>ounds of fish i^er day. per man, only al- 
lowed. All waste prohibited. 

The taking or killing of all other protected game 
animals, birds, insectivorous and otherwise, and fish (ex- 
cept beaver injuring ditches, white suckers by permis- 
sion of the commissioner, and trap shooting at pigeons 
by incorporated clubs) prohibited at all times. 

Game to be taken or killed in the day time and with 
shoulder gun only; tish to be taken with hook and line 
only. Night hunting or fishing with artificial light, and 
netting, prohibited at all times. 

Chasing four-footed protected game with dogs, and 
using protected game for trap baiting, prohibited. 

The taking or killing of bison, mountain sheep, elk, 
pheasant, ptarmigan or quail, prohibited at all times. 

Hunting and fishing on posted enclosures without 
permission prohibited. 

Transportation and possession during the closed sea- 
son, and cold storage, serving in hotels and restaurants, 
taking, killing or shipment for the purpose of sale and 
selling, prohibited at all times. 

Protected game and fish brought from another state 
can be held in possession, offered for sale or sold, only 
upon positive and competent evidence of lawful killing 
in and exportation from such state. Ex parte affidavits 
from shippers will not suffice. 

Obstruction hj dams having no fish waj's, and pol- 
lution by saw dust or other destructive substances, of 
streams containing food fish, prohibited. 

Penalties for violation, |1U to |oOO fine, and impris- 
onment ten daj's to six months. 

Permission may be granted by the commissioner to 
collect certain animals and fish for scientific purposes. 

Authority is given to game wardens, sheriffs and 
constables to enter and search wagons, camps, ware- 



STATE FOREST^ GAME AND FISH COMMISSIONER. 67 

houses, etc., and to confiscate and to turn over to the 
poor houses, hospitals and poor people, all game and 
fish held in violation of the act; to arrest without a war- 
rant all violators, and to call for assistance if necessary 
to enforce the law. 

On and after this date, and until the open seasons 
of this year begin, none of the protected game or fish 
can be lawfully- had in possession, and it is the intention 
of this department to enforce the law. 

Proprietors of hotels, restaurants and cold storage 
warehouses, market and commission men, will be af- 
forded an opportunity to dispose of all protected game 
and fish on hand, until the tenth instant, after which date 
especial attention will be given to those i)laces furnish- 
ing a market for game and fish illegally taken. 

. Proprietors of sawmills, stamp and reduction mills, 
and placer mines, are notified to so dispose of their saw- 
dust and tailings as not to pollute the waters containing 
food fish. 

One-half of all fines collected is i)ayable to the j)er- 
son who furnishes the information as to the violation (^ 
the law. 

J. S. SWxVN, 
State Forest, Game and Pish Commissioner. 



68 BIENNIAL REPORT 



Circular No. 2— Fish. 



STATP] OF COLORADO. 

DEPARTMENT OF FORESTRY, GAME AND 
FISH. 

Denver, June 25, 1897. 
To whom it may concern: 

Numerous communications have been received by 
tills de])artment inquiring as to the law relating to saw 
ii|ills, placer mines, stamp and reduction mills and other 
o])erations which to a greater or less degree pollute the 
waters of the state. 

In order to answer these inquiries and to inform 
those interested as to the interpretation placed on the 
law by this department, and indicate the policy intended 
to be pursued, this circular is issued. 

Among the natural rights of the people, which have 
existed from time immemorial, is that of having the 
water in natural streams flow substantially in its orig- 
inal purity, and a violation of this right is a nuisance 
at common law. This right to pure water inheres in all 
users of water whether the use be for stock watering, 
irrigation, domestic purposes, the propagation of fish or 
other lawful purposes. 

The fish in all public waters, at common law and by 
statute, belong to the state in its sovereign capacity as 
the representative of and for the benefit of its people. 

The relative rights of those whose interests require 
the water in its purity and those whose interests require 



STATK FOREST^ GAME AND FI8H COMMISSIONER. 69 

its use in such a way as to lessen its purity, have been 
the subject of frequent controversies in the courts. 

One of the leading cases arose in California in 1884, 
where a placer mining company was polluting the waters 
and tilling the channels of the Yuba and Feather rivers 
with debris. Millions of dollars were involved on either 
side. The United States circuit court held that neither 
miners' customs, congress nor the state legislature had 
any power to authorize the pollution of the waters to the 
injury of others. (\\'oodrutf vs. Bloomtield (_t. M. Co., 18 
Fed. Rep., 754.) 

In Indiana, in 189o, the chemical impurities from a 
strawboard factory polluted the water used for the city 
of Indianapolis. The company used the best modern ap- 
pliances for purifying the water before turning it back 
into the stream, which it claimed was all it was legallj^ 
bound to do, and that as its business was a lawful one 
in itself, the consequences were such as must necessarily 
follow industrial improvements; that otherwise its busi- 
ness would be destroyed. The United States circuit 
court declared that as against the right to have the 
water flow in its natural purity, there was no public 
policy in favor of industrial improvement which would 
justify oijerations which polluted the stream, even when 
the most modern appliances were used to prevent it. 
(Ind. Water Co. vs. Am. Strawboard Co., 57 Fed. Kep., 
1000.) 

In this state the question never reached the appel- 
late courts until April last, when the court of ajjpeals 
decided that a stamp mill, although a prior appropriator, 
had no right either by law or custom to pollute the water 
with particles of sand which cut out the pipes and valves 
of a water company, when it appeared that the tailings 
could be impounded at a reasonable expense so as to 
prevent the injury, and that under such circumstances 
the mill company might take the necessary steps to pre- 
vent it. But the court expressly declined to decide what 
the law would be in this state where the prior appropri- 
ator of water could not possibly enjoy its use without 



70 BIENNIAL REPORT 

some detriment to the water unappropriated. (Suffolk 
(I. M. Co. Ts. San Miguel Con. M. and M. Co., 48 Pac. 
Rep., 828.) 

In April, 1897, the supreme court of California de- 
cided that the right of the state to protect food fish ex- 
tended not only to all the water on public lands, but also 
to all waters that were a common passage way for fish, 
even though flowing over lands held by private owner- 
ship, and that the attorney general could maintain an ac- 
tion to enjoin as a public nuisance the pollution of such 
waters. (People vs. Truckee L. Co., 48 Pac. Rep., 374.) 

The supreme court of the United States, in a case 
decided last year, held that the power of the state to 
protect its game (which includes fish) could be extended 
to prohibit the shipment of game out of the state al- 
though lawfully killed within it, notwithstanding it in- 
directly interfered with interstate commerce. It is there 
said that the police power of a state to prevent the adul- 
teration of food ''necessarily carries with it the existence 
of a like power to preserve a food supply.'' (Greer vs. 
Conn, 16 S. C. Rep., 600.) 

Section 2393 of the General Statutes of Colorado 
provides that it shall be the duty of every miner to take 
care of his tailings on his own property or be responsible 
for damages. 

The forestry, game nnd fish law of 1897 provides: 
''Sec. 36. It shall be unlawful to empty, or cause or 
suffer to be emptied or dispersed, any sawdust or other 
destructive substance into any of the waters of this 
state containing food fish, or in any such place or within 
such distance as to cause it to be carried into such waters 
by natural causes." 

The constitutionality of this act has been questioned 
because it treats of forestry in connection Avith game and 
fish. These subjects are so closely allied to each other 
that it has been the custom in many states to combine 
them in one act. 

But it does not seem of vital importance whether 
the act be valid or not. If it is not, the former law is 



STATE FOREST^ GAME AND FISH COMMISSIONER. 71 

unrepealed; and if there wei-e no statutes on the subject, 
the common law Avould be in force. 

Many streams in the state are already rendered im- 
pure by mills, etc., but this has been by sutferance, and 
furnishes no precedent as to legal right. 

The great importance of the mining industr}- is fully 
recognized, as is also the numerous other industries to 
the existence of which pure water is a necessity. 

The question of the preservation and propagation of 
fish is of growing imi)ortance, not only as a food sup- 
ply, but as an attraction to visitors of a desirable class, 
whose presence results in the bringing of wealth to the 
state for investment in every branch of industry. 

There is therefore a natural unity of interest among 
all the people, but an antagonism of methods, and it 
seems that the latter should not be carried to such an 
extreme as to protect either to the material detriment 
or entire destruction of any of the others. 

Until the question has been definitely and finally de- 
cided by the supreme court, and the policy of the state 
in this respect thus declared, it is not the purpose of this 
department to construe or enforce the law to an unrea- 
sonable extent or go further than necessary to give rea- 
sonable protection to the fish belonging to the state, leav- 
ing the individual users of water to look after their own 
interests. 

To that end all new enterprises, not fully in opera- 
tion, will be required to use reasonable efforts in good 
faith to arrange their systems of operation so as to pre- 
vent the debris and other impurities materially detri- 
mental to fish from reaching public waters containing 
food fish. Those already established and in full opera- 
tion will be required to make similar efforts without un- 
reasonable delay. Those refusing to conform to these re- 
quirements will be prosecuted. 

No advice or instructions as to what will be suffic- 
ient can be given in advance, but those interested must 
assume the responsibility of deciding for themselves. 

General Statutes, section 3259, provides that before 



72 BIENNIAL REPORT 

any timber, ties, etc., shall be lloated dowu any streams, 
the person desiring: to do so shall execute a bond, to be 
approved by the county commissioners of the county 
where the operations are to be carried on. In order to 
prevent, as far as possible, any injury to the fish from 
such operations, a compliance with that section will be 
required. 

J. S. SWAN, 
State Forest, Game and Fish Commissioner. 



STATE FOREST^ GAME AND FISH COMMISSIONER. 73 



Circular No. 3— Game. 



STATE OF COLORADO. 

DEPARTMENT OF FORESTRY, GAME AND 
FISH. 

Denver, August 13, 1897. 
To whom it may concern: 

As the open season for the killing of game birds be- 
ginS on the 15th of the present month, and closes with 
the last day of October, and the open season for the kill- 
ing of horned deer and antelope begins with the 1st day 
of Sejjtember and closes with the 15th day of October, 
this circular is issued to more fully call the attention of 
the hunting public to the number of large game birds 
that may be legally killed by each person under the pro- 
visions of the game law of the state, approved April 16, 
1897. 

While it should be needless to say that there is no 
provision in the law giving one class of citizens greater 
privileges in the matter of the killing and having game 
in possession than another class, the idea that such a 
I)rovision in the law, though unwritten, is tacitly recog- 
nized, had gained credit in certain quarters. 

No reliance should be placed on such contention. 
The laws relating to this department, like all others, 
apply to every one alike, and all game wardens and spec- 
ial game wardens are instructed and required to so en- 
force them. 



'^-^^^^Z.i.^^ 



74 REPORT FOREST^ GAME AND FISH COMMISSIONER. 

But one horned deer or antelojje may be had in pos- 
session of one person at any time, and no part of sucli 
animal that might be used as food shall be wasted or 
thrown away. 

The head and horns, hide, or any part of a deer or 
antelope, is construed to mean one such animal. 

No animal, nor part thereof, shall be offered for 
shipment or shipped by any common carrier or railroad 
companj' unless accompanied by the lawful possessor 
thereof. 

Individuals having the right to be in possession of 
game under the law shall mean generally such as have 
killed the same. 

The pbssession, at one time, of twenty game birds 
of the kinds that are [termitted to be killed is allowed. 

The taking or killing of any mountain sheep, elk or 
bison of the large game, and any quail, pheasant, part- 
ridge and })tarmigan, and all insectivorous birds and 
beaver, is prohibited at all times. 

An attempt is to be nuide in good earnest by this de- 
partment to enforce the game laws of the state without 
discrimination or favoritism, and the cooperation of all 
good citizens and sportsmen is earnestly solicited to this 
end, so that the game of the state may be so preserved 
and protected, that Colorado may, among its other re- 
sources and attractions, continue to merit the name and 
fann? of "The Hunter's l*aradise." 

Any person caught in the violation of these laws will 
be vigorously prosecuted. 

J. S. SWAN, 

Commissioner. 



LB N '08 



